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Michael Emmons Attorney at Law

5.0
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  • Serving Branson, CO and Las Animas County, Colorado

  • Law Office with 1 lawyer1 award

  • All Criminal Defense Matters. Over 30 Years of Trial Experience. Free Consultation.

  • DUI/DWI LawyersCriminal Law, Assault and 12 more

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Michael S. Emmons
DUI/DWI Lawyer
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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

I am representing myself in court for a DUI and the last i herd the the court had lost my drug test what should I say to the court?

David B. Harrison
Answered by attorney David B. Harrison (Unclaimed Profile)
DUI/DWI lawyer at Miller & Harrison, LLC
Of course they do not need a test to go to trial on a DUI/DWAI case. You can object to "destruction of evidence" but it is pretty technical argument and you really need a lawyer. If you qualify - have the public defender represent you. if you don't, find a knowledgeabel DUI lawyer to take on that issue for you. It will be worth the money you spend, I suspect. Having a med card won't help with the DUI, nor open container.
Of course they do not need a test to go to trial on a DUI/DWAI case. You can object to "destruction of evidence" but it is pretty technical argument and you really need a lawyer. If you qualify - have the public defender represent you. if you don't, find a knowledgeabel DUI lawyer to take on that issue for you. It will be worth the money you spend, I suspect. Having a med card won't help with the DUI, nor open container.
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My brother has 2 previous dui charges in California and just received his 3rd Dui in Colorado. So that's 5 DUIs. What kind of sentence could he be fac

David B. Harrison
Answered by attorney David B. Harrison (Unclaimed Profile)
DUI/DWI lawyer at Miller & Harrison, LLC
A DUI that is a fourth or more offense is a class 4 felony in Colorado. A class 4 felony carries a potential sentence to prison of up to 6 years in prison followed by three years of parole.  The actual sentence he will get depends on MANY factors like the county the case is in, the judge, the DA, the facts of his case, etc.  BUT often people get probation with some county jail time, sometimes a felony conviction can be avoided.  But he certainly needs a lawyer to help him with the case.    
A DUI that is a fourth or more offense is a class 4 felony in Colorado. A class 4 felony carries a potential sentence to prison of up to 6 years in prison followed by three years of parole.  The actual sentence he will get depends on MANY factors like the county the case is in, the judge, the DA, the facts of his case, etc.  BUT often people get probation with some county jail time, sometimes a felony conviction can be avoided.  But he certainly needs a lawyer to help him with the case.    
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Can my son get his DUI dismissed since he didn't take the breath test?

Steven Fairlie
Answered by attorney Steven Fairlie
DUI/DWI lawyer at Fairlie & Lippy, P.C.
They don't have to charge the headlight violation to be able to justify the stop based on it. Not the answer you wanted, but that is the law in Pennsylvania. They can also charge him with DUI based on observations even without a breathalyzer, but, depending on the observations, I agree that the fact that another officer let him go gives you a great defense. You only need to establish a reasonable doubt. Call a good Pennsylvania DUI lawyer.
They don't have to charge the headlight violation to be able to justify the stop based on it. Not the answer you wanted, but that is the law in Pennsylvania. They can also charge him with DUI based on observations even without a breathalyzer, but, depending on the observations, I agree that the fact that another officer let him go gives you a great defense. You only need to establish a reasonable doubt. Call a good Pennsylvania DUI lawyer.
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